Wild Justice (2 page)

2 The deputy district attorney had asked three questions of Darryl Powers, the arresting officer, before Amanda Jaffe realized that the first question had been improper. She leaped to her feet. Objection, hearsay. Judge Robard looked perplexed. How could Mr. Dart s question possibly be hearsay, Ms. Jaffe? Not that one, Your Honor. I believe it was . . . let s see. Yes. Two questions before. Judge Robard looked as though he were in great pain. If you thought that question was hearsay, why didn t you object to it when it was asked? Amanda felt fires ignite in her cheeks. I didn t realize it was hearsay until just now. The judge shook his head sadly and cast his eyes skyward, as if asking the Lord why he had to be plagued with such incompetence. Overruled. Proceed, Mr. Dart. It took Amanda a moment to remember that overruled meant she had lost. She collapsed in her seat. By then, Dart had asked another killer question. Welcome to the real world, a tiny voice whispered in her head. She had earned an A in Evidence at one of the nation s top law schools and had written a note on hearsay for the law review, but she could not think fast enough to make a timely objection in court. Now the judge was certain that she was a moron, and only God knew what the jury thought of her. Amanda felt a hand patting her forearm. Don t feel bad, girlfriend, LaTricia Sweet said. You re doin fine. Great, Amanda thought. I m screwing up so badly that my client feels she has to console me. And were you dressed as you are now, Officer Powers? Rodney Dart continued. No, sir. I was dressed in civilian clothes, because this was an undercover operation. Thank you, Officer. Please tell the jury what happened next. I asked the defendant how much it would cost to have her engage in the sex acts she had suggested. The defendant said that she had her crib in the motel across the street and would feel more comfortable discussing business there. I drove to the motel lot and followed the defendant into room one-oh-seven. What occurred inside the motel room? I asked the defendant to explain the price of the various sex acts, and she mentioned rates ranging from fifty dollars to two hundred dollars for something she described as a night of ecstasy. What exactly was this night of ecstasy, Officer Powers? Quite honestly, Mr. Dart, it was too complicated to remember, and I couldn t take out my notebook at that time because I was undercover. Darryl Powers had baby blue eyes, wavy blond hair and the type of smile Amanda had seen only in a toothpaste commercial. He had even blushed when he answered the night of ecstasy question. Two of the female jurors looked as if they were about to leap the railing of the jury box and tear off pieces of his clothing. Amanda grew more despondent as Powers continued to explain the circumstances leading up to LaTricia s arrest for prostitution. Her cross examination was pathetic. When she was through, Rodney Dart said, The State rests. Then he turned toward Amanda, his back to the jury, and smirked. Amanda thought about giving Dart the finger, but she was too depressed to defend herself. What she really wanted to do was finish her first trial, go home, and commit seppuku. Besides, Dart had every right to smirk. He was riding roughshod over her. Officer Powers smiled at the jury as he left the stand. All five of the women jurors smiled back. Any witnesses, Ms. Jaffe? Judge Robard asked, but Amanda did not hear him. She was thinking about the previous afternoon when the senior partner in her law firm, her father, Frank Jaffe, had given her LaTricia s case and told her to be ready to try it in the morning. How can I possibly try my first case without interviewing any of the witnesses or doing any investigation? Amanda had asked in horror. Believe me, Frank Jaffe had replied, with LaTricia as your client, the less you know, the better off you are. Amanda had read over the file in State v. Sweet four times before marching down the hall to her father s office, planting herself in front of his desk and waving it in his face. What am I supposed to do with this? she d demanded angrily. Put on a vigorous defense, Frank had answered. How? There s only one witness, a sworn officer of the law. He s going to testify that our client promised to do things to him for money that I ll bet ninety-five percent of humanity has never heard of. LaTricia can take care of herself. Dad, get real. She has thirteen priors for crimes like prostitution, prohibited touching and lewd behavior. Who is going to take her word over the cop s? Frank had shrugged. It s a funny world, Amanda. I can t try a case this way, Amanda had insisted. Of course you can. Trust me. And trust LaTricia. Everything will work out just fine if you go with the flow. Judge Robard cleared his throat, then repeated himself. Ms. Jaffe, any witnesses? Uh, yes, Your Honor. The skirt of her black Donna Karan power suit rode up her long legs as Amanda stood. She wanted to tug it down, but she was afraid that everyone in court would see her, so she stood before the court with her thighs partially exposed and color rising in her cheeks. The defense calls LaTricia Sweet. Before leaving her seat to cross to the witness box, LaTricia leaned over and whispered in Amanda s ear. Don t worry about nothin , honey. After I swear to tell the whole truth, you ask me what I do for a living, what I said to that police and why I said it. Then sit back and let me do my thing. Before Amanda could reply, LaTricia sashayed across the room. Her bust and butt were so huge that Amanda was afraid that they would rip her tight red sweater and black leather mini skirt. A blond-orange wig, slightly askew, sat atop her head. Amanda compared her client to the radiant Darryl Powers and moaned inwardly. Since she had no plan, Amanda decided to follow her client s instructions. Ms. Sweet, she asked after LaTricia was sworn, what do you do for a living? I walk the streets of Portland and sell my body, Ms. Jaffe. Amanda blinked. The confession was a surprise, but she was relieved that her client was not lying under oath. Can you tell the jury what happened on the evening of August third of last year? Yes, ma am. LaTricia composed herself and turned toward the jury. On August third I was working on Martin Luther King Boulevard when Officer Powers drove by. Did you know that he was a policeman? Yes, I did. You did? Oh, yes. I ve seen Officer Powers run a game on several of my friends. Then why did you . . . Uh, what happened next? LaTricia straightened her skirt and cleared her throat. Officer Powers asked me if I would have sex with him. Now, I knew what he was trying to do. I ve seen him arrest my friends, like I said. But I knew he couldn t arrest me if I didn t mention money. So I told him that I had a room in the motel across the street and I would feel more comfortable discussing our mutual interests there. Officer Powers asked me what those interests might be, and I described a few things that seemed to perk him up. At least I thought they did, because his face got all red and I noticed that something more than his temperature was rising. Two of the jurors glanced at each other. What happened then? Amanda asked. LaTricia looked at the jurors, then down at her lap. Officer Powers parked in the motel lot and we went to my crib. Once we was inside I . . . This is a little embarrassing for me, Ms. Jaffe, but I know I got to tell the truth. Just take your time, Ms. Sweet, Amanda advised her. LaTricia nodded, took a deep breath and continued. Like I said, I d seen Officer Powers around and I thought that he was about the sweetest thing I ever did see, so young and shy. All those friends of mine he d busted said he was polite and treated them like ladies. Not like the other police. And, well. . . Yes? LaTricia cast her eyes down. When she spoke, her voice was barely audible. The truth is, I fell in love with Officer Powers and I confessed my love as soon as I shut the door to my room. The jurors leaned forward. Someone in the back of the room giggled. I know that sounds crazy, LaTricia said, directing her comment to the spectators, and I know Officer Powers didn t say nothin bout my confession when he was on the stand. I don t know if he left that out because he was embarrassed or because he didn t want to embarrass me. He s such a gentleman. LaTricia squared her shoulders and turned back to the jury. Soon as we was alone I came clean and told him that I knew that he was a policeman. Then I told him that I knew that I was just an old whore, used up by life, but that I had never felt about any man the way I felt about him. Officer Powers, he blushed and looked like he wanted to be anywhere but with me, and I can understand that. He probably has himself a fine white woman, someone foxy. But I told him that all I wanted was one night of love with him and that he could take me to jail when it was over, because one night of his sweet love would be worth an eternity of jail. A tear trickled down LaTricia s cheek. She paused, drew a handkerchief from her purse, dabbed at the tear, then said, Scuse me, to the jurors. Do you want some water, Ms. Sweet? asked Amanda, who had been swept up in the drama of the moment. Rodney Dart leaped to his feet. Objection, Your Honor. This is too much. Oh, I don t spect you to believe any of this, Mr. DA. An old bag like me trying to find love with a man half her age. But can t I dream? Your Honor, Dart begged. The defendant is entitled to put on a defense, Mr. Dart, Judge Robard answered in a tone that let the jurors know that he wasn t buying LaTricia s act, but several of the jurors were casting angry glances at the prosecutor. Ain t much more to say, LaTricia concluded. I gambled for love and I lost. I m ready to take what fate has in store. But I want you to know that I never wanted money from that man. All I wanted was love. Frank Jaffe, the senior partner in Jaffe, Katz, Lehane and Brindisi, was a big man with a ruddy complexion and black curly hair that was streaked with gray. His nose had been broken twice in his youth, and he looked more like a teamster or a stevedore than an attorney. Frank was in his office dictating a letter when Amanda walked in waving the Sweet file. How could you do this to me? Frank grinned. You won, didn t you? That s beside the point. Ernie Katz was in the back of the courtroom. He said you weren t totally awful. You sent Ernie to watch me be humiliated? He also said that you looked scared to death. I was, and giving me this insane case didn t help. You d have been scared no matter what case you tried first. When I tried my first case I spent the whole trial trying to remember the words you say when you want to introduce a piece of evidence. I never did get it right. Thank you for sharing. Hey, I lost my first trial. I knew you d have a fighting chance with LaTricia as your client no matter how badly you screwed up. I ve been representing her for years, and she usually comes out okay. Ernie said the jury was back in twenty minutes. Twenty-two, Amanda answered with a grudging smile. I have to admit winning was a rush. Frank laughed. Ernie also said that your closing argument was a doozy. Especially the part where you told the jury that you had scoured the statutes of the state of Oregon and had been unable to find love defined as a crime. Amanda grinned. It had been a great line. Then she stopped smiling. I still think you re a bastard. You re a warrior now, kiddo. The whole office is waiting at Scarletti s to celebrate. Oh, shit, they re just going to razz me. Besides, I didn t do much. LaTricia won the case with her cockamamie story. Hey, trial lawyers should never be humble. Crow about your victories and blame your defeats on biased judges, ignorant juries, and the tricks of fascist prosecutors. As of now, you re the only lawyer in this office who s never lost a case. Until she found a place of her own, Amanda was living with Frank in the green, steep-roofed East Lake Victorian where she had grown up. Amanda had not been home, except for summers and holiday visits, since she d started college, nine years ago. Staying in the second-floor bedroom where she had spent her childhood felt strange after so many years of independence. The room was filled with mementos of her youth: diplomas from high school and college, shelves loaded down with swimming trophies and medals, framed newspaper clippings detailing her athletic feats. Amanda was exhausted and a little drunk when she climbed into bed at ten, but she was too upset to sleep. Frank had had no business throwing her into court unprepared in the same way he d thrown her into the pool at the YMCA when she was three to teach her how to swim. Then, at Scarletti s, Frank had embarrassed the hell out of her by giving a speech that compared her victory in court to her surprise win her freshman year at the state high school swimming championships. She wanted her father to stop thinking of her as his little girl and to realize that she was a grown woman who had earned credentials that could open any door in the legal community. Amanda had forgotten how controlling Frank could be. His assumption that he always knew what was best for her was infuriating. Tonight was not the first time she d wondered if she had made a mistake by joining Frank s firm instead of going to one of the many San Francisco firms that had courted her or applying for a clerkship at the United States Supreme Court, as Judge Madison had advised. Amanda stared at the shadows on the bedroom ceiling and asked herself why she had come back to Portland, but she knew the answer. Ever since she had been old enough to understand what her father did, she had been steeped in, and seduced by, the mystery and adventure of criminal law, and no one was better at criminal defense than Frank Jaffe. As a little girl, she had watched her father charm juries and confound hostile witnesses. He had held her in his arms at news conferences and discussed his strategy with her at the kitchen table over hot chocolate. While her law school classmates talked about the money they would make, she thought about the innocents she would save. Amanda turned on her side. Her eyes had grown used to the dark. She studied the symbols of her successes that Frank had assembled. Frank had lived a lost childhood through her. She knew he loved her and wanted what was best for her. What she wanted was the chance to decide for herself what was best.

3 Mary Sandowski burst through the operating room doors. As the nurse rushed along the crowded hospital corridor, she ducked her head to hide the tears that coursed down her cheeks. Moments later Dr. Vincent Cardoni slammed through the same doors and ran after her. When the powerfully built surgeon caught up with Sandowski, he grabbed the slender woman s elbow and spun her toward him. You incompetent cow. Visitors, patients and hospital personnel stopped to stare at the outraged physician and the woman he was berating. I tried to tell you. . . . You switched the cups, you moron. No. You Cardoni shoved her against the wall and leaned forward until his face was inches from the cowering nurse. The pupils in his bloodshot eyes were dilated, and the tendons in his neck swelled. Don t you ever contradict me. Vincent, what do you think you re doing? Cardoni pivoted. A tall woman with caramel-colored hair and an athletic figure was bearing down on him. She was wearing a loose brown dress and a white doctor s smock. The cold eyes she fixed on the surgeon were the color of jade. Cardoni turned his rage on the newcomer. This is not your business, Justine. The woman stopped a few paces from Cardoni and stood her ground. Take your hands off her or I ll have you up before the Board of Medical Examiners. I don t think you can stand another complaint, and there will be plenty of witnesses this time. Is there a problem, Dr. Castle? Justine glanced at the broad-shouldered man in green OR scrubs who now stood beside her. The white letters on his black plastic name tag identified him as Anthony Fiori. There s no problem, because Dr. Cardoni is going to leave, Justine said, returning her gaze to Cardoni. A pulse throbbed in the surgeon s temple and every muscle in his body tensed, but he suddenly noticed the crowd that had gathered, and he released Sandowski s elbow. Justine stepped closer to Cardoni and studied his eyes. My God, she said in a low tone that was still loud enough to carry beyond them. Are you on something? Were you operating on drugs? Cardoni s fists knotted. For a moment it appeared that he would strike Justine. Then he spun and stalked away, shouldering through the onlookers. Sandowski sagged against the wall. Fiori caught her. Are you okay? he asked gently. She nodded as she wept. Let s get you someplace less public, Justine said, taking Sandowski s arm and leading her down a side hall and into a call room where the residents sacked out. Justine eased the shaken nurse onto a narrow metal-frame bed that stood against one wall, and sat beside her. Fiori fetched a cup of water. What happened? Justine asked once Sandowski regained her composure. He said I switched the cups, but I didn t. He filled the syringe without looking. Slow down. I m not following you. Sandowski took a deep breath. That s better. Just relax. Dr. Cardoni was performing a carpal tunnel release. You anesthetize the hand with lidocaine before you operate. Justine nodded. Then you irrigate the wound with hydrogen peroxide before suturing it. Justine nodded again The lidocaine and the hydrogen peroxide were in two cups. Dr. Cardoni insisted on filling the syringe himself. He didn t look. He injected the patient with hydrogen peroxide instead of the lidocaine? Justine asked incredulously. I tried to tell him that he had it wrong, but he told me to shut up. Then Mrs. Manion, the patient, started complaining that it was stinging, so he injected her again and she started to scream. I don t believe this, Justine said, shaking her head in disgust. How could he possibly mistake lidocaine for hydrogen peroxide? One of them is clear and the other has bubbles in it. It s like confusing Champagne and water. I really tried to tell him, but he wouldn t let me. I don t know what would have happened if Dr. Metzler hadn t stopped him. It wasn t my fault. I swear I didn t mix up the cups. Do you want to report this? I ll back you up. Sandowski looked startled. No, no. I don t have to, do I? It s your decision. Sandowski s eyes were wide with fear. You re not going to report it, are you? Not if you don t want me to, Justine answered soothingly. Sandowski s head dropped, and she started to cry again. I hate him. You don t know what he s like, Sandowski sobbed. Oh, yes, I do, she said. I m married to that bastard. Fiori looked surprised. We re separated, Justine said forcefully. She handed Sandowski a tissue. Why don t you go home for the rest of the day? Justine suggested. We ll clear everything with the head nurse. Sandowski nodded, and Fiori used the phone to make arrangements for the nurse to leave. Something s got to be done about him, Justine said as soon as Sandowski was out of the call room. Were you serious when you accused Cardoni of operating on drugs? Justine looked at Fiori. She was flushed. He can t get through the day without cocaine. He s a malpractice case waiting to happen. I know he s going to kill someone if something isn t done, but I can t say a word. He s an established surgeon. I m only a resident. I m also suing him for divorce. No one would take me seriously. I see what you mean, Fiori answered thoughtfully. It puts you in a tough spot. Especially if Nurse Sandowski won t report him. I can t ask her to. She s scared to death. Fiori nodded. Thank you for stepping in when you did, by the way. I don t know what Vincent would have done if you hadn t been there. Fiori smiled. You looked like you were handling yourself okay. Thanks anyway. Hey, we lowly residents need to stick together. Fiori saw the time on a wall clock. Oops, got to run or I ll be late for a date with a fatty tumor in Lumps and Bumps. The handsome resident took off down the corridor with a purposeful stride. Justine Castle watched him until he disappeared around a corner.